Sex offender bill goes to governor

BRAD SHANNON, THE OLYMPIAN

Originally published Wednesday, March 13, 2002

OLYMPIA -- The state will get to dictate where state-supervised sex offenders are placed in six counties, including Thurston, according to a bill the Senate sent Gov. Gary Locke on Tuesday.

Under the proposal, which cleared the Senate on a 29-15 vote, civilly committed predators who complete treatment at the state's Special Offender Center on McNeil Island will be farmed out to the six counties that have the greatest number of offenders in the center.

If local governments don't adopt plans for siting facilities by Sept. 1, the state Department of Social and Health Services will do it for them.

"It's a big step forward in meeting our responsibility to operate the program in a way that meets the legal requirements and protects the community," said Dick Van Wagenen, Locke's criminal-justice policy adviser.

Locke will sign the bill, Van Wagenen said.

Thurston County, with eight offenders considered too dangerous to release after completing their prison terms, falls under the new law's provisions.

King County, with 41 offenders, and Snohomish County, with 20 offenders, also will feel the impact of the bill, as will Clark, Spokane and Kitsap counties.

Pierce County is protected against additional sex offender homes because it will have a residence for offenders next door to the Special Offender Center.

Sen. Karen Fraser, D-Thurston County, voted for the bill, saying it will free local government officials from having to make the siting decision.

The bill put the county on the same footing as others under a "fair share" principle, but few offenders likely will land here, Fraser said.

Sen. Tim Sheldon, D-Potlatch, and three other Democrats voted against the bill, while eight Republicans joined majority Democrats in approving it. Sen. Dan Swecker, R-Rochester, was excused from the vote.

Despite its easy passage in the Senate, Engrossed Substitute Senate Bill 6594 cleared the House last Friday on a closer 55-41 vote. South Sound lawmakers split along party lines.

Voting for it in the House were Democratic Reps. Sandra Romero and Sam Hunt of Olympia, Kathy Haigh of Shelton and Bill "Ike" Eickmeyer of Belfair.

Voting against it were Republican Reps. Gary Alexander of Thurston County and Richard DeBolt of Chehalis.

Thurston County Commissioner Kevin O'Sullivan had led a charge with Sheriff Gary Edwards against a state sex offender home in Johnson Point in July 2000.

Neighbors eventually bought the land out from under DSHS, which had leased property to house a prisoner from Snohomish County.

O'Sullivan said he was glad to see that the bill will exempt the county from liability if it makes a good-faith effort to place a secure home in the county.

O'Sullivan also said he believes the county will be able to site a home near Cedar Creek Corrections Center near Littlerock for sex predators who are released to less restrictive settings.

The county Planning Commission already has approved a site there, and it will let authorities at the minimum-security prison serve as first-responders to any incident at the home or involving a resident, O'Sullivan said.

That will ensure a speedy response while sheriff's deputies are routed to the scene, O'Sullivan said.

Once offenders are proposed for placement at the site, O'Sullivan said he also will do everything in his power to see that the offender is kept at McNeil Island.

"I personally will go find the victims and the witnesses and transport them to court so the judge can learn about these heinous crimes," he said.

The state is under federal court orders to find less restrictive settings for dozens of offenders held beyond the length of their prison terms.

Under Washington law, which has been upheld in higher courts, sex offenders who pose a serious risk to public safety can be held beyond their prison terms, but they also have to be provided treatment with the goal of releasing them to a less restrictive setting.

Under the rules by which offenders are supervised, they will have 24-hour supervision in the homes and be escorted when in the community, according to legislative staff.

Larry Erickson, executive director for the Washington Association of Sheriffs and Police Chiefs, said one amendment to the bill will give local governments a recourse if the state designates sites deemed unacceptable.

The bill lets the governor appoint a person with law-enforcement experience to hear the concerns and decide if they have merit, Erickson said.

Although O'Sullivan said he was disappointed that the state holds "the ultimate hammer" on siting decisions, he said, "It's better to work with them than against them."

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